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't want to purchase. when the same lawsuit was filed in virginia, by the attorney general of virginia, ken keusch cuccinelli, that's been on your show, a federal judge in virginia appointed by a democratic president said when the government tried to dismiss the case, you know what, the attorney general of virginia is right, congress has never done this before, she have a -- they have a very strong argument to say it doesn't have this power, i'm not going to dismiss the indicate -- the case. so the passer in florida, a lawsuit, joined by 19 other states, the federal government doesn't reply with an answer, it replies with an appeal to dismiss the lawsuit so, the judge will only dismiss the lawsuit if there's no legal basis for it whatsoever. there is. martha: will it be let's move on to the next step? >> correct. the next step will then be a legal analysis of the history of the commerce clause and whether the constitution was written to give congress this kind of power. for example, suppose the congress declares that the sun causes skin cancer. that would be a reasonable statement to make.
, wisconsin, the state of iowa, and virginia. key battleground states that he won in 2008 and the president using backyard chats at one stop at least in the state of iowa. a college rally tonight in madison, wisconsin. we'll debate that in moments with our panel coming up here. martha: all right, well speaking of those battleground states we have new fox polls out there that show to the president and his fellow democrats have a pretty tough road ahead at least at this point 35 days out when it comes to holding the key senate seats in particular. the trend is threatening their hold on that chamber. molly is live in washington with more on this. good morning to you. >> reporter: good morning. let's look at three of the states that are very important to the white house and the democrats in order to keep a majority in the senate. president obama will be in wisconsin at a democratic rally to try to help russ feingold. although he will not be here. our latest poll shows that russ feingold is trailing russ johnson who owns a plastic company. feingold has 44%, johnston 52%. feingold is a three-term
for politics at the university of virginia and joins me, good to have you here. i want to play for folks who tuned in with the interview with christine o'donnell, and i wanted your thoughts on that race. >> my opponent has a liberal record that does not resonate with the people and had to resort to dirty true u-tricks and mud slinging but i'm confidents, the polls reflect the voters are seeing right through it. martha: what are the polls telling you about the race. >> it is very, very close, and the republicans face a conundrum in delaware, tomorrow night. essentially, their choice is this: they can pick christine o'donnell with whom i think they agree on more issues, she's clearly more conservative, than the other candidate, congressman mike castle, who is a moderate to liberal republican, and the problem is, delaware is a democratic state. and, every poll i have seen, public and private, suggests that mike castle will win the seat in november, defeating democrat chris kuhns, and christine o'donnell will probably lose the seat in november and it is a conundrum, do you go with the candidate
they'll have a roundtable at a lumber company, outside of washington here in virginia and they'll have small business owners who sit at the table, the man who owns the lumber yeard, his wife, an attorney and, a salesman and, someone in software development, and here's points we know they'll hit on in the so-called governing document, they'll roll out, job creation, at this top of everybody is a list and republicans will outline what they propose to make it happen and also something they have been fighting for, extending the bush tax cuts, for everyone, across the board, all income levels and, also, something we hear they may include, a 72-hour mandatory reading period, for bills that are put together, have to get posted and members have to have a chance to read them before they get to the floor for a vote, 20 items in all, we'll have details tomorrow morning. martha. martha: three days may not be wrong enough to read the bills we have seen coming through the past year, so, democrats haven't really seen this yet but how -- are they responding to what they have heard so far. >> reporter:
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